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(영문) 수원지방법원 2018.04.12 2017나13127
공사대금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,00,000 as well as the full payment with respect thereto from March 25, 2017.

Reasons

1. According to the overall purport of evidence Gap's evidence Nos. 1 and 2 as to the cause of the claim, the defendant, around April 2015, agreed to grant the plaintiff a KRW 1,00,000 construction cost per construction site when the plaintiff installs a crowdfunding at the construction site. ② At that time, the plaintiff, pursuant to the above agreement, installed a crowdfunding at the construction site located in the Dong-gu Seoul Metropolitan Government and at the construction site located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu.

Comprehensively taking account of the above facts acknowledged, the Defendant is obligated to pay to the Plaintiff the total construction cost of KRW 2,00,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 25, 2017 to the date of full payment, which is clear after the date of the above establishment, to the day after the delivery of the copy of the complaint of this case to the Defendant,

2. In conclusion, the plaintiff's claim of this case is reasonable and acceptable.

The judgment of the court of first instance, which differs from this conclusion, is unfair, so it is so decided as per Disposition by cancelling it and ordering the defendant to pay the above amount.

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